Canada’s online legal magazine.

Google Doodle Honours Doctor Who

As I often do here on Slaw, I’m pointing you to the Google Doodle, which today is an animated game involving all the Doctor Whos from the 50 years of the show’s history — and, of course, an evil Dalek.

It’s worth it to let the Dalek vaporize a couple of Doctors just to hear the menacing growl, “Exterminate!” . . . [more]

Posted in: Miscellaneous

Magic Bullet or Band-Aid?: LSUC’s “Enhanced” Tribunals Model

It’s been a high profile fall for the Law Society of Upper Canada’s disciplinary system.

With the appeal decision in the notorious Groia case now on reserve, headlines on a different matter have moved to centre stage: a Law Society hearing panel has “exonerated” and “absolved” two Torys lawyers—Beth DeMerchant and Darren Sukonick—of conflict of interest allegations in relation to work done for the Hollinger Group of Companies. While the Law Society has expressed “disappointment” with the result, the cleared lawyers, for their part, are now seeking up to $4 million in costs and disbursements that they say were incurred . . . [more]

Posted in: Legal Ethics

The Friday Fillip: Three Royal Orgs

I’m a Dr. Who fan. I make this admission (probably an admission against interest) freely and with some pleasure, because “science fiction” — whatever that term might mean — was my introduction to books, libraries and the ecstasy of reading and reading and reading. Of course, when I grew up I “put away childish things” — Mrs. Hill, my grade ten English teacher, said I had to — but not until I’d taken Theodore Sturgeon, Arthur Clarke, Isaac Asimov, Robert Heinlein, Walter Miller, etc. etc. thoroughly on board. So no one was more pleased than I when the Beeb took . . . [more]

Posted in: The Friday Fillip

Technology as a Pure Efficiency Driver

Upon reading one of today’s Slaw posts, How Technology Will Change the Practice of Law, it strikes me that many of the commentators place an extremely high value on technology as a driver of efficiency in legal work. In some cases, there’s almost a worship quality to their vision.

Don’t get me wrong, I think technology has a lot to offer. And admittedly, there is the occasional firm that is so backwards in its adoption that one can see how they are at a distinct disadvantage for not changing their ways. However, do we really believe that “technological efficiency” . . . [more]

Posted in: Technology

Ontario Law Society Announces Providers of Alternative to Articling

The Law Society of Upper Canada has just now announced that Ryerson University and the University of Ottawa will provide the Society’s “Law Practice Program” of training for graduate JDs who choose not to, or are unable to, article. Ottawa will provide it in French and Ryerson in English. Unlike the University of Ottawa, Ryerson University has no law school.

As well, Ontario’s newest law school at Lakehead University will offer yet another alternative to articling, within its current JD program:

Additionally, the Law Society has approved another innovative option for fulfilling the experiential training component of its licensing requirements:

. . . [more]
Posted in: Education & Training, Practice of Law: Future of Practice

How Will Technology Change the Practice of Law?

“It’s hard to take law and technology seriously when they still have a typewriter at the courthouse – and a pen remains the judge’s weapon of choice.”

That statement from Ottawa lawyer Bryan Delaney neatly sums up the paradox faced when talk turns to incorporating new technology into legal services – some may be riding technology’s cutting edge, but other parts of the profession are still tootling around in granddad’s jalopy.

Tuesday night’s CBA Legal Futures Twitterchat, hosted by My Legal Briefcase founder Monica Goyal, featured participants representing a full range of practitioners, from traditional to tech-based. There seemed to . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Technology, Technology: Office Technology

Quebec Trying to Recover Misappropriated Funds From the Construction Industry

On November 13, 2013, Quebec’s Minister of Justice, Bertrand St-Arnaud, tabled Bill 61, An Act mainly to recover amounts paid unjustly by public bodies in relation to certain contracts in the construction industry in the national assembly. If enacted, Bill 61 would allow the minister of justice to seek compensation from businesses that defrauded public bodies or used fraudulent tactics or practices in the course of the tendering, awarding or management of public construction contracts, on behalf of all public bodies or government agencies.
Posted in: Substantive Law, Substantive Law: Legislation

Douglas Inquiry Committee Resigns

In a stunning development, the Inquiry Committee charged with investigating the conduct of the Hon. Lori Douglas has resigned en masse (reasons here).

Associate Chief Justice Douglas was investigated by the Canadian Judicial Council in relation both to her conduct prior to her judicial appointment and to her disclosures during the appointment process. The Inquiry Committee was additionally charged with considering her conduct during the Canadian Judicial Council’s investigation, and in particular allegations that she interfered with the investigation.
The Inquiry Committee’s hearing has been fraught with problems. ACJ Douglas alleged that the Committee was biased, and after . . . [more]

Posted in: Miscellaneous

Increasing Access to Justice Is Not a Zero-Sum Game

You probably know that pro bono publico translates as “for the public good”. But you may not know that some justice system stakeholders view doing the public good as not much good at all. Generally lauded by judges and leaders of the profession, the long-term systemic value of pro bono legal service is a matter of limited but uneasy debate in the community of reformers, progressives and do-gooders dedicated to the concept of equal access to justice for everyone. Within that virtuous circle, not everyone is convinced of pro bono’s net benefit to the mission.

The typical knock against . . . [more]

Posted in: Justice Issues

Thursday Thinkpiece: Hollis on Interpretation of International Law

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

The Existential Function of Interpretation in International Law
Duncan B. Hollis
SSRN: http://ssrn.com/abstract=2330642

(Footnotes omitted. They are available in the online version via the link above.)

Introduction

International law does not exist without interpretation. Consider the legality of using force to prevent further atrocities in Syria. Traditionally, international law precludes States from doing . . . [more]

Posted in: Thursday Thinkpiece

Full Federal Hansard Now Online

Some exciting news today for fellow Hansard geeks:

https://twitter.com/LoPInformation/status/403177276843757568

The full digitized historical federal Hansard, Senate and House of Commons, is now available online, browsable and searchable. Canadiana.org’s Historical Debates of the Parliament of Canada portal was launched today: http://parl.canadiana.ca/

The project has been in development for some time. It complements the content that has been available on parl.gc.ca (House: 1994 onward; Senate: 1996 onward), to create a full collection of digital federal Hansard.

https://twitter.com/LoPInformation/status/402900381400719360

Full details about the portal and the search functions are here: http://parl.canadiana.ca/support/about. . . . [more]

Posted in: Legal Information: Libraries & Research, Substantive Law: Legislation

Global Entrepreneurship Week

The Canadian Mentorship Challenge is on this week as part of Global Entrepreneurship week. The challenge is for local organizations to mentor 10,000 entrepreneurs this week.

Here in London I spent some time yesterday at Hacker Studios talking to some people with budding business ideas. In addition to legal mentoring, advice is available on topics including accounting, sales, business planning, marketing, and human resources.

There are several groups in London that support an entrepreneur culture. What do other communities do?

A portion of my practice deals with startups and small business in the tech sector. To be frank, some . . . [more]

Posted in: Miscellaneous

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada